Prime Cabinet Secretary Musalia Mudavadi/FILEPrime Cabinet Secretary Musalia Mudavadi has said the government will not compensate Kenyans who travelled to Russia to fight in the Ukraine war, insisting their enlistment was unsanctioned and outside state approval.
Speaking on The Explainer on Citizen TV on Tuesday night via livestream from Moscow, Mudavadi said many of those involved voluntarily signed contracts, complicating both legal and diplomatic efforts to assist them.
“We cannot compensate those who were lured because they did not announce their departure and were not sanctioned by the government of Kenya. What we can do is only assist to bring them home,” Mudavadi said.
He emphasised that Kenyan law requires citizens seeking to join foreign military forces to obtain prior approval from the State, warning that those who bypass the process risk facing legal consequences upon return.
“One of the things we have to emphasise is that these Kenyans signed contracts, but we are alive to the fact that we are here to stop the enlistment of Kenyans into the special military operations,” he said.
Mudavadi added that some returnees could face investigations, noting that authorities are already handling cases linked to the recruitment process.
“Some Kenyans are facing possible charges or have recorded statements with investigative agencies. What has been happening is illegal. We are dealing with a breach of the law,” he said.
At the same time, Mudavadi said the government is exploring options, including possible amnesty, once affected individuals are safely repatriated.
He revealed that Kenya has so far facilitated the return of 44 citizens, with more reaching out through official channels for assistance.
“Our mission here has been receiving distress signals from Kenyans on the frontline and messages from families back home. They are being guided on how to reach the mission for support,” Mudavadi said.
The Prime CS acknowledged gaps in existing laws and migration systems, which he said have been exploited by recruitment networks targeting job-seeking youth.
“There are lapses both in law and in processes that we have to address as a country. Some were lured through fraudulent agencies, while others knowingly went with the intention to enlist,” he said.
Mudavadi said Kenya has now reached an agreement to halt further recruitment of its citizens into the conflict, even as efforts continue to evacuate those already in war zones.
“It was agreed that there shall be no further enlistment of Kenyans into the conflict. However, the process of bringing them back is not instant because they are in a war zone,” he said.
Kenyan law bars citizens from joining foreign military forces without prior approval from the government.
The restriction is anchored in national security provisions that regulate participation in external conflicts under the Kenya Defence Forces Act.
Individuals who enlist in foreign armed groups without authorisation risk investigation and possible prosecution upon return to the country.
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